Department of Highway Safety & Motor Vehicles v. Fiorenzo

District Court of Appeal of Florida

Department of Highway Safety & Motor Vehicles v. Fiorenzo

795 So. 2d 1128, 2001 Fla. App. LEXIS 13885, 2001 WL 1174374

CourtDistrict Court of Appeal of Florida

DecidedOctober 5, 2001

DocketNo. 5D01-822

StatusPublished

Cited by1 cases

This text of 795 So. 2d 1128 (Department of Highway Safety & Motor Vehicles v. Fiorenzo) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Department of Highway Safety & Motor Vehicles v. Fiorenzo, 795 So. 2d 1128, 2001 Fla. App. LEXIS 13885, 2001 WL 1174374 (Fla. Ct. App. 2001).

Pincite

Opinion

PALMER, J.

The State of Florida, Department of Highway Safety and Motor Vehicles (DHSMV), seeks certiorari review of the trial court’s order granting a petition for a writ of certiorari and quashing the order which suspended Jennifer Fiorenzo’s driver’s license, following her arrest for driving under the influence of alcohol. The trial court’s ruling was based upon its conclusion that DHSMV had failed to produce evidence demonstrating that the monthly maintenance testing performed on the in-toxilyzer which was utilized on Fiorenzo [1129]*1129was conducted with alcohol referenced solution from an approved source as required by rule 11D 8.0035 of Florida’s Administrative Code. Consistent with our holding in Dep’t of Highway Safety and Motor Vehicles v. Mowry, 794 So.2d 657 (Fla. 5th DCA 2001), we grant the petition and quash the order rendered by the trial court.

Petition GRANTED, Order QUASHED, and Suspension REINSTATED.

THOMPSON, C.J., and HARRIS, J„ concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PALMER, J.

The State of Florida, Department of Highway Safety and Motor Vehicles (DHSMV), seeks certiorari review of the trial court’s order granting a petition for a writ of certiorari and quashing the order which suspended Jennifer Fiorenzo’s driver’s license, following her arrest for driving under the influence of alcohol. The trial court’s ruling was based upon its conclusion that DHSMV had failed to produce evidence demonstrating that the monthly maintenance testing performed on the in-toxilyzer which was utilized on Fiorenzo [1129]*1129was conducted with alcohol referenced solution from an approved source as required by rule 11D 8.0035 of Florida’s Administrative Code. Consistent with our holding in Dep’t of Highway Safety and Motor Vehicles v. Mowry, 794 So.2d 657 (Fla. 5th DCA 2001), we grant the petition and quash the order rendered by the trial court.

Petition GRANTED, Order QUASHED, and Suspension REINSTATED.

THOMPSON, C.J., and HARRIS, J„ concur.

Cite This Page — Counsel Stack

Bluebook (online)

795 So. 2d 1128, 2001 Fla. App. LEXIS 13885, 2001 WL 1174374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-highway-safety-motor-vehicles-v-fiorenzo-fladistctapp-2001.

Opinion

Related

Cite This Page — Counsel Stack